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Legal Ethics
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February 04, 2025
'Is This A Joke?' Judge Denies Atty Fees For Grocery Patrons
A California federal judge had so little tolerance for shoppers claiming victory and seeking attorney fees from the abandoned Kroger-Albertsons merger that in tossing their motion and underlying lawsuit he noted with incredulity, "Plaintiffs are actually making these arguments."
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February 04, 2025
NJ Atty Avoids Disbarment After Bank Fraud Conviction
A New Jersey attorney who was disbarred in New York and Colorado after copping to participating in a bank fraud conspiracy in 2017 has been handed a three-year license suspension in the Garden State, retroactive to the date of her guilty plea.
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February 04, 2025
Javice's Texts About Elizabeth Holmes Not Fair Game For Trial
Frank founder Charlie Javice's sympathetic texts about healthcare-sector fraudster Elizabeth Holmes won't be seen by the jury hearing charges that the education startup executive faked data to dupe JPMorgan into a $175 million acquisition, a Manhattan federal judge said Tuesday.
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February 03, 2025
Gilstrap Tells Patent Atty To 'Relearn The Fundamentals'
U.S. District Judge Rodney Gilstrap has decided that a "public admonition" is a more appropriate punishment than legal fines for a lawyer whose client was called a "patent troll" by opponents, ordering the attorney to "relearn the fundamentals of the Federal Rules of Civil Procedure."
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February 03, 2025
Yacht Building Co. Faces Sanctions For Hiding Hoist Failure
A Washington federal judge has said yacht builder Delta Marine Industries owed sanctions over its failure to provide access to parts related to a boat hoist that failed during the launch of a yacht in a $3.4 million dispute between Lloyd's syndicates, underwriters and a Seattle boat builder.
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February 03, 2025
DC Circ. Rejects Newman's Bid To Unseal Suspension Docs
The D.C. Circuit on Monday denied U.S. Circuit Judge Pauline Newman's request to unseal documents about her suspension for refusing to participate in an investigation into her fitness, saying such documents are confidential unless both the judge under investigation and the chief judge agree to release them.
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February 03, 2025
Utah Court Urged To Preserve $8.3M In Messner Reeves Funds
Several companies from Florida, New York and Utah have urged a Utah federal court to order Messner Reeves LLP to preserve $8.3 million purportedly locked away in an escrow fund, saying the law firm appears to be breaking a business loan agreement by dissipating the funds to unknown entities.
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February 03, 2025
Jackson Walker Ethics Case Shelved Over Lack Of Authority
A Houston federal judge on Monday recommended closing an ethics case against Jackson Walker LLP over its supposed knowledge of a firm attorney's relationship with a judge, finding the court lacked the authority to pursue sanctions against a law firm.
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February 03, 2025
Tesla Says Judge DQ Bid In Crash Suit Arrived On Time
Tesla Inc. has doubled down on its bid to disqualify a California federal judge from an accident case over his prior law firm's work, rejecting the plaintiff's argument that the automaker filed the motion too late.
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February 03, 2025
ABA House Of Delegates Votes For Stricter High Court Ethics
The American Bar Association's policymaking body recommended Monday that the U.S. Supreme Court adopt a binding ethics code as strict as the code of conduct that other U.S. federal judges must follow.
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February 03, 2025
Panel Backs Sanctions For Frivolous Bid In Malpractice Case
A New Jersey appeals court said Monday that a New York attorney's motion to vacate an almost $450,000 judgment after a jury found him negligent in a divorce action could only be seen as frivolous, affirming the trial court's award of nearly $8,000 in attorney fees as a sanction.
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February 03, 2025
2nd Circ. Affirms Lawyer's Asylum Fraud Conviction
The Second Circuit on Monday affirmed the convictions of an immigration attorney and the former CEO of an immigration services firm for coaching asylum-seekers to lie about facing persecution in their home countries, rejecting the pair's arguments that there was insufficient evidence and that the jury was given improper instructions.
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February 03, 2025
Law Firm Involved In Talc Fee Fight Seeks To Arbitrate Claim
The Smith Law Firm PLLC is urging an Alabama federal judge to compel arbitration of a cross-claim that Porter Malouf brought against it amid a lawsuit over an agreement the two firms and the Beasley Allen Law Firm entered to represent plaintiffs in litigation over Johnson & Johnson's tainted talcum powder.
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February 03, 2025
Attys For Blake Lively, Baldoni Warned Over Media Statements
Lawyers representing feuding actors Blake Lively and Justin Baldoni in their "It Ends With Us" damages litigation agreed Monday to rein in public statements, after a Manhattan federal judge cited their duty not to taint a potential future jury pool.
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February 03, 2025
Troutman Says Lawyer's Firing Due To Performance, Not Bias
A former Troutman Pepper Hamilton Sanders LLP associate was let go from the firm due to under-performance, not racial bias, the firm told a D.C. federal judge in a bid to end the lawyer's racial discrimination suit, arguing undisputed facts show a diverse group of partners agreed she was not meeting expectations prior to her being dismissed.
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January 31, 2025
Trump Administration Fires Jan. 6 Prosecutors, Reports Say
The U.S. Department of Justice's new leadership on Friday terminated more than a dozen prosecutors who worked on criminal cases regarding the Jan. 6, 2021, attack, and also began probing potentially thousands of FBI agents who worked on similar investigations, according to news reports.
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January 31, 2025
Gov't's Freeborn GC Interview May Spoil Ex-Partner's Retrial
The U.S. government's wire fraud retrial against a former Freeborn & Peters LLP partner may be halted after prosecutors let the firm's former general counsel touch on privileged topics without acknowledging or honoring the legal boundary during a preparatory interview.
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January 31, 2025
Mich. Judge Can't Pause Discipline Case During Bias Probe
The Michigan Supreme Court won't halt disciplinary proceedings against a judge accused of lying about another judge's conduct to wait for an ongoing audit of potential racial disparities in the state's judicial discipline process to be completed.
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January 31, 2025
Texas Justices Won't Shut Down Court Reporter's AI Case
A Texas court reporter will be permitted to continue pursuing an administrative complaint against an artificial intelligence-powered "digital reporting firm," after the administrative agency in charge of court stenography in Texas lost its bid for the state's high court to end the case on Friday.
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January 31, 2025
Off The Bench: NIL Deal Skeptics, Padres Feud, Rozier Probe
In this week's Off The Bench, critics get their knives out for the NCAA's $2.78 billion class action settlement with college athletes over name, image and likeness rights, the family feud over ownership of the San Diego Padres intensifies, and a federal gambling probe ensnares Miami Heat guard Terry Rozier.
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January 31, 2025
Judge Grants Fraud Retrial After Witness 'Forgot to Shut Up'
A Florida federal judge ordered a new trial in an insurance fraud case against the former medical director of a West Palm Beach sober living home, saying his 2022 conviction was tainted when the government's star witness "forgot to shut up" during testimony plagued with lies.
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January 31, 2025
Judge Blocks Ex-Knick's MSG Sanctions Bid As 'Premature'
A Manhattan federal judge has denied former New York Knicks player Charles Oakley's request to sanction Madison Square Garden for allegedly losing emails relevant to his assault suit, saying Oakley's motion was "at best, premature."
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February 14, 2025
Law360 Seeks Members For Its 2025 Editorial Boards
Law360 is looking for avid readers of our publications to serve as members of our 2025 editorial advisory boards.
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January 31, 2025
Ex-BigLaw Atty Can't Escape OneCoin Conviction At 2nd Circ.
The Second Circuit on Friday upheld a former Locke Lord LLP partner's conviction and 10-year sentence for helping launder roughly $400 million in proceeds from the multibillion-dollar OneCoin cryptocurrency scheme, rejecting the attorney's contention that a sole cooperating government witness' perjury and other purported errors warranted reversing his punishment.
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January 31, 2025
Goldstein Case Raises The Stakes For A DOJ Office In Tumult
The bombshell tax-crimes case of U.S. Supreme Court lawyer Tom Goldstein landed at a U.S. Department of Justice outpost in Maryland that has been plagued in recent years by botched cases and internal strife — pitting a beleaguered U.S. attorney against a pair of former Donald Trump attorneys itching for a fight.
Expert Analysis
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After Chevron
Since the U.S. Supreme Court overturned the Chevron deference standard in June, this Expert Analysis series has featured attorneys discussing the potential impact across 37 different rulemaking and litigation areas.
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Opinion
Atty Well-Being Efforts Ignore Root Causes Of The Problem
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.
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Series
Skiing And Surfing Make Me A Better Lawyer
The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.
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Class Actions At The Circuit Courts: June Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers two recent decisions from the Third and Tenth Circuits, and identifies practice tips around class action settlements and standing in securities litigation.
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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Money, Money, Money: Limiting White Collar Wealth Evidence
As courts increasingly recognize that allowing unfettered evidence of wealth could prejudice a jury against a defendant, white collar defense counsel should consider several avenues for excluding visual evidence of a lavish lifestyle at trial, says Jonathan Porter at Husch Blackwell.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.
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Think Like A Lawyer: Always Be Closing
When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.
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Series
Playing Chess Makes Me A Better Lawyer
There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.
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Litigation Inspiration: Attys Can Be Heroic Like Olympians
Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.
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Lean Into The 'Great Restoration' To Retain Legal Talent
As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.